Are exculpatory clauses in contracts enforceable?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Are exculpatory clauses in contracts enforceable?
A contractor caused damage to my irrigation system while working on my property. However, they refuse to provide insurance information or reimbursement, pointing to a statement in the contract stating,
Asked on September 28, 2018 under Business Law, Utah
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
"Does not warrant" means they don't guaranty againt damage--that is, the are not obligated to repair damage no matter what. But not warranting does not protect them from liability if they were negligent or careless and caused the damage through their carelessness or other wrongdoing. You can't compel them to provide insurance information or to compensate you voluntarily--but you can sue them (e.g. in small claims court). If you can show in court that the damage resulted from their fault, you can get a court judgment against them requiring them to pay.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.